Ordinance 1836CITY OF ALAMMA ORDINANCE; NO. 1836
New Series
AMENDING ARTICLE 10 OF CHAPTER 1, TITLE XI OF THE
ALAMEDA MUNICIPAL CODE RELATING TO APPEALS FROM
PLANNING BOARD AND DESIGN REVIEW BOARD DECISION HAD
AFTER PUBLIC HEARING
Section 1 S 11-1101 of the Alameda Municipal
Code is hereby amended to read as follows:
Sec, 1.1-1101. Appeal to the Cit Council.
(a) The decision of the Planning Board made after public
hearing and the Design Review Board shall be final unless
a member of the public or a City council member files, in
writing and within fifteen (15) days of the decision, a
Notice of Appeal stating wherein the appellant claims
that either the Board's decision is not supported by its
findings or its findings are not supported by the
evidence in the record.
(b) Appeals will be heard only on the record before
the Board unless the appellant shows in the Notice of
Appeals that he could not have produced certain evidence
or that it was improperly excluded.
(c) The City Council shall, within a reasonable time
after filing of the Notice of Appeal and applicable
record, grant or deny a hearing on the appeal.
(d) Where a hearing is granted, the Council shall set
a date for a hearing at its next available meeting, said
hearing to be held within a reasonable length of time.
The only evidence which may be prese.ited at the hearing
is that evidence authoyized under :u )section (b) .
(e) if the City Council finds that the Board
improperly excluded evidence or that new evidence
exists which could not have been produced at the Board
hearing the Council may refer the matter to the Board
for rehearing in light of such evidence.
(f) The City Council may reverse or modify the
decision of the Board if it finds from the record
either that the Board entered findings contrary to the
standards of the applicable sections of Chapter 1 or 2
of this Title or that the findings of the Board are not
supported by substantial evidence in the record.
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p (g) The Council may affirm any decision of the Board
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o supported by substantial evidence which would support
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@ .f7- findings consistent with the standards of the applicable
sections of Chapter 1 or 2 of this Title. The Council
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shall enter findings of its own in such cases.
< Section 2 . This ordinance shall be in full fcr ce and
effect from and after the expiration of thirty (30) days from
the date of its final passage.
presi g ficer of the Council
Attest:
City clerk
1, the undersigned, hereby certify that the foregoing Ordinance
was duly and regularly adopted and passed by the Council of the City of
Alameda in regular meeting assembled on the 7th day of December, 1976,
by the following vote, to wit:
AYES: Councilmen Beckam, Diament, Hurwitz, Sherratt and
President Corica, (5).
NOES: None.
ABSENT: None.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
official seal of said City this 8th day of December, 1976,
a
ity C erk of he ity of Alameda